The Regulated Roles with Children and Adults (Scotland) Amendment Regulations 2025

Modification of schedule 3 of the PVG Act

3.—(1) Schedule 3 of the PVG Act (regulated roles with adults) (as substituted by section 74(4) of the Disclosure (Scotland) Act 2020) is modified in accordance with this regulation.

(2) For paragraph 1(2)(b), substitute—

“(b) in the case of—

(i) activities mentioned in paragraph 13A of Part 2 of this schedule, the carrying out of activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have unsupervised contact with protected adults,

(ii) other activities mentioned in Part 2 of the schedule, the carrying out of the activities gives the individual carrying them out, when doing anything permitted or required in connection with the carrying out of the activities, the opportunity to have contact with protected adults.”.

(3) In paragraph 3—

(a) for sub-paragraph (1) substitute—

“(1) In paragraph 1(2)(b)—

“contact with protected adults”—

(a)

means, in relation to an activity, contact that is more than incidental to the carrying out of the activity, and

(b)

includes any of the following—

(i)

physical contact with protected adults,

(ii)

visual, written or verbal communication with protected adults,

(iii)

exercising power or influence over protected adults,

“unsupervised contact with protected adults” means contact with protected adults in the absence of a person carrying out an activity mentioned in paragraphs 14, 14A, 14B or 18 of Part 2 of this schedule.”,

(b) in sub-paragraph (2), for paragraph (b) substitute—

“(b) includes any of the following—

(i) physical contact with protected adults,

(ii) visual, written or verbal communication with protected adults,

(iii) exercising power or influence over protected adults.”.

(4) After paragraph 6, insert—

“6A.   Practising as an anaesthesia associate or physician associate pursuant to registration with the General Medical Council.”.

(5) After paragraph 7, insert—

“7A.   Practising in a profession pursuant to registration with the Health and Care Professions Council.”.

(6) In paragraph 9, after “dentist” insert “or dental care professional”.

(7) In paragraph 10, after “an” insert “optometrist or dispensing”.

(8) In paragraph 12, after “pharmacist” insert “or pharmacy technician”.

(9) After paragraph 13, insert—

“13A.   Carrying out an activity in a hospital, hospice, care home, day care centre or adult placement setting.”.

(10) After paragraph 14, insert—

“14A.   Having responsibility for the safety and welfare of a protected adult.

14B.   Having the ability to directly influence decisions about the safety and welfare of a protected adult, other than in the capacity of an elected representative or as the holder of a judicial office.”.

(11) In paragraph 17—

(a) for the words “or advice or guidance” substitute “, advice, guidance or advocacy support”,

(b) for the words “or guidance”, in the second place they occur, substitute “, guidance or advocacy support”.

(12) In paragraph 23, for the words “whose main purpose is to provide” substitute “which has as one of its main purposes the provision of”.